Privacy (Fifth Schedule) Order 1997

Note

PURSUANT to section 113 of the Privacy Act 1993, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, and on the advice of the Minister of Justice after consultation by the Minister with the Privacy Commissioner, makes the following order.

Contents

Order

1Title and commencement

(1)This order may be cited as the Privacy (Fifth Schedule) Order 1997.

(2)This order comes into force on 27 June 1997.

2New Schedule 5 substituted

The Privacy Act 1993 is amended by revoking Schedule 5 (as substituted by section 11(3) of the Department of Justice (Restructuring) Act 1995, and amended by section 9 of the Privacy Amendment Act 1996 and clause 2 of the Privacy (Fifth Schedule) Order 1996 (SR 1996/125)), and substituting Schedule 5 set out in the Schedule of this order.

ScheduleNew Schedule 5 of Privacy Act 1993

Schedule 5Law enforcement information

Particulars of proceedings in respect of which informations are to be laid; the acceptance of data for and the preparation of associated documents

Police

Serious Fraud Office

Department of Corrections

Ministry of Justice (access is limited to obtaining information for the purpose of research conducted by the Ministry, and with the limitation that information so obtained must not be published in a form which could reasonably be expected to identify the individual concerned)

Details of hearings

Details of hearings of proceedings in respect of which an information has been laid, including convictions, sentences, and all other matters ancillary and subsequent to a determination

Police (access is limited so as to exclude details relating to young persons, being persons over 14 years but under 17 years, where the offence did not carry a liability to imprisonment)

Land Transport Safety Authority of New Zealand (access is limited to traffic cases only)

Serious Fraud Office (access is limited so as to exclude details relating to young persons, being persons over 14 years but under 17 years, where the offence did not carry a liability to imprisonment)

Department of Corrections

Ministry of Justice (access is limited to obtaining information for the purpose of research conducted by the Ministry, and with the limitation that information so obtained must not be published in a form which could reasonably be expected to identify the individual concerned)

Enforcement of fines and other orders

Particulars of writs, warrants, or orders in force and issued or made on default in the payment of fines or other monetary sums ordered in proceedings commenced by indictment or information; particulars of the persons to whom the writs, warrants, or orders relate; and particulars of fines, sentences, or orders imposed or made against those persons, including the amounts remaining payable and the arrangements for payment

Police

Department of Corrections

Ministry of Justice (access is limited to obtaining information for the purpose of research conducted by the Ministry, and with the limitation that information so obtained must not be published in a form which could reasonably be expected to identify the individual concerned)

Suspended sentences

Particulars of persons subject to suspended sentence orders or sentences subsequently imposed in respect of the original offences for which suspended sentence orders were made, pursuant to section 21A of the Criminal Justice Act 1985

Police

Department of Corrections

Ministry of Justice (access is limited to obtaining information for the purpose of research conducted by the Ministry, and with the limitation that information so obtained must not be published in a form which could reasonably be expected to identify the individual concerned)

Police Records

Details of overseas hearings

Details of hearings of proceedings before overseas courts, including convictions, sentences, and all other matters ancillary and subsequent to a determination

Ministry of Justice (access is limited to obtaining information for the purpose of research conducted by the Ministry, and with the limitation that information so obtained must not be published in a form which could reasonably be expected to identify the individual concerned)

Department of Corrections

Department for Courts

Serious Fraud Office

Police temporary file index

Details of active and recently closed Police files, including the file numbers and location of the files, and the names of complainants, victims, witnesses, suspects, and alleged offenders

Department for Courts (access is limited to—

(a)Obtaining information about parties to offences for the purpose of processing cases before a court:

(b)Updating Police Records)

Offender Identity

Particulars of the identity of persons who have been charged with an offence

Department for Courts (access is limited to identity details for the purposes of—

(a)Entering information relating to prosecutions initiated otherwise than by the Police or the Land Transport Safety Authority of New Zealand; or

(b)Providing assistance to victims in accordance with the Criminal Justice Act 1985 and the Victims of Offences Act 1987; or

(c)Updating an existing database of court proceedings)

Department of Corrections (access is limited to identity details for the purposes of—

(a)Entering information relating to prosecutions initiated otherwise than by the Police or the Land Transport Safety Authority of New Zealand; or

(b)Research conducted by the Department, and with the limitation that information so obtained must not be published in a form which could reasonably be expected to identify the individual concerned)

Ministry of Justice (access is limited to obtaining information for the purpose of research conducted by the Ministry, and with the limitation that information so obtained must not be published in a form which could reasonably be expected to identify the individual concerned)

Victim identity

The name, sex, date of birth, address, and telephone number of persons who are the victims of a criminal offence in respect of which another person has been charged

Department for Courts (access is limited to identity details for the purpose of providing assistance to victims in accordance with the Criminal Justice Act 1985 and the Victims of Offences Act 1987)

Medical details

An indicator to identify persons who are or have been special patients under the Mental Health (Compulsory Assessment and Treatment) Act 1992 or any former Act and the hospitals at which those persons are or have been detained as special patients, or as committed patients, or as patients (within the meaning of that Act)

Land Transport Safety Authority of New Zealand (access is limited to obtaining information required for the purposes of—

(a)Section 24 of the Transport Services Licensing Act 1989; or

(b)Section 46 of the Transport (Vehicle and Driver Registration and Licensing) Act 1986)

Department for Courts

Department of Corrections

Ministry of Justice (access is limited to obtaining information for the purpose of research conducted by the Ministry, and with the limitation that information so obtained must not be published in a form which could reasonably be expected to identify the individual concerned)

Department for Courts (access is limited to obtaining information for the purpose of processing cases before a court)

Vehicles of interest

Particulars of motor vehicles stolen, unlawfully taken, missing, abandoned, or found, or where location is for other reasons required to be known by the Police

Ministry of Transport (access is limited so as to exclude such particulars as the Police may determine in any case)

Ministry of Commerce (access is limited to information required for the purposes of section 9 of the Motor Vehicle Securities Act 1989 by the Registrar of Motor Vehicle Securities

Wanted persons

Particulars concerning persons wanted for arrest

Land Transport Safety Authority of New Zealand (access is limited to obtaining information for the purposes of—

(a)Section 24 of the Transport Services Licensing Act 1989:

(b)Carrying out the functions conferred on the Authority by section 17(1) of the Land Transport Act 1993:

(c)Carrying out the functions conferred on the Authority by the notice dated 22 August 1993 and published in the Gazette on 2 September 1993 at page 2626)

Department for Courts (access is limited to persons wanted in connection with fines enforcement)

Missing persons

Particulars concerning persons missing or required to be located

Land Transport Safety Authority (access is limited so as to exclude such particulars as the Police may determine in any case)

Department for Courts (access is limited to persons required to be located in connection with fines enforcement)

Land Transport Safety Authority Records

Drivers' licences register

A national register of all drivers' licences (whether issued by the Land Transport Safety Authority of New Zealand or a local body)

Department for Courts

Department of Corrections

Ministry of Justice (access is limited to obtaining information for the purpose of research conducted by the Ministry, and with the limitation that information so obtained must not be published in a form which could reasonably be expected to identify the individual concerned)

Police

Local authorities authorised under section 112 of this Act

Serious Fraud Office

Ministry of Transport (access is limited to obtaining information for the purpose of verifying the identity of people who are or apply to be—

(a)Registered as owners of vehicles on the motor vehicles register; or

(b)Holders of licences issued under the Road User Charges Act 1977)

Transport services licensing register

A national register of all transport service licences

Police

Demerit points

The recording of demerit points in relation to traffic offences

Police

Ministry of Transport Records

Motor vehicles register

A national register of all motor vehicles

Department for Courts

Police

Local authorities authorised under section 112 of this Act

Serious Fraud Office

Land Transport Safety Authority of New Zealand (access is limited to obtaining information for the purposes of carrying out the functions conferred on the authority by—

(a)Section 17(1) of the Land Transport Act 1993:

(b)The notice dated 22 August 1993 and published in the Gazette on 2 September 1993 at page 2626)

Road user charges

Details of licences issued under the Road User Charges Act 1977 and details of the corresponding licence holders

Police (access is limited to obtaining information for the purpose of enforcing the Road User Charges Act 1977

Land Transport Safety Authority of New Zealand (access is limited to obtaining information for the purposes of carrying out the functions conferred on the authority by—

(a)Section 17(1) of the Land Transport Act 1993:

(b)The notice dated 22 August 1993 and published in the Gazette on 2 September 1993 at page 2626)

Department of Corrections Records

Community-based sentences and conditions of release

Particulars of persons released on probation or parole, or released on conditions under Part VI of the Criminal Justice Act 1985, or sentenced to community service, periodic detention, supervision, or community care

Police (access is limited to the person's area of reporting)

Department for Courts

Ministry of Justice (access is limited to obtaining information for the purpose of research conducted by the Ministry, and with the limitation that information so obtained must not be published in a form which could reasonably be expected to identify the individual concerned)

Records of inmates

Particulars of inmates of penal institutions, including the date of release from the penal institutions

Police (access is limited to the location and the date of release of the inmate)

Department for Courts

Ministry of Justice (access is limited to obtaining information for the purpose of research conducted by the Ministry, and with the limitation that information so obtained must not be published in a form which could reasonably be expected to identify the individual concerned)

MARIE SHROFF,

Clerk of the Executive Council.

Explanatory note

This note is not part of the order, but is intended to indicate its general effect.

This order, which comes into force on 27 June 1997, substitutes a new Schedule 5 of the Privacy Act 1993.

The Schedule 5 of that Act specifies the categories of law enforcement information to which certain public sector agencies may have access, and the limitations on access.

As substituted, the new Schedule 5 consolidates recent amendments to the schedule and makes some further changes. The changes allow certain public sector agencies new access to law enforcement information, and specify further limitations on the access of some of the public sector agencies that have existing access. The main changes are—

the item relating to details of hearings in the Police Records part of the schedule is now restricted to details of overseas hearings.

a new item relating to the Police temporary file index is included in the Police Records part of the schedule. The Department for Courts has limited access to this index.

access by the Land Transport Safety Authority to medical details and wanted persons information held by the Police is now limited.

the Department for Courts is given limited access to traffic offence and infringement enforcement and document processing information held by the Police.

the Ministry of Transport is given limited access to the drivers' licences register that is maintained by the Land Transport Safety Authority.

a new item relating to road user charges is included in the Ministry of Transport Records part of the schedule. The Police and the Land Transport Safety Authority have limited access to this information.